How to Avoid Discrimination Based on Race, Color and Ethnicity when Renting
By Kimberly Rau, MassLandlords writer
In Massachusetts, the Fair Housing Law prohibits housing discrimination based on race, color, national origin, gender, gender identity, sexual orientation, disability, ancestry, genetic information, marital status, veteran or active military status, age, family status and source of income. This article will discuss discrimination based on race, color and ethnicity.

The law is clear: discrimination based on someoneâs race, ethnicity or color is illegal. Make sure youâre treating all potential tenants fairly.
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What is Race?
It is difficult to sum up concepts like âraceâ and âethnicityâ in a few sentences, especially since the terms are sometimes (incorrectly) used interchangeably. For the purposes of this article, we will use the Miriam Webster definition of race: âa category of humankind that shares certain distinctive physical traits.â Ethnicity is defined as âlarge groups of people classed according to common racial, national, tribal, religious, linguistic, or cultural origin or background.â
In other words, Black and Asian are examples of race. Cape Verdean and Japanese are examples of ethnicities. Not all Black or Asian people will share the same ethnicities or cultural experiences. And not all Cape Verdeans or Japanese will have the same race as other Cape Verdeans or Japanese.
Race can also be what others consider a person to be. A biracial person who more strongly favors their white parent may be perceived as white instead of biracial or Black. Conversely, a person with white parents who considers themselves culturally white but has a skin tone or features that favor their Mexican grandparents may be perceived as Latino. This can become an important factor in discrimination cases, something that we will touch on shortly.
A Few Words on Color
âColorâ in the context of race and ethnicity is a broad category. It refers to how one appears, or how others see them. Most (but certainly not all) people from countries in northern Europe look white. A person with Hispanic, Latino, Indian, Middle Eastern or African roots may be seen as brown. Itâs critical to remember that while color is not a race or an ethnicity, it is still a protected class. You cannot discriminate because you donât want people of a certain skin color living in your rental. As a landlord, the only thing that should matter to you is that you have tenants who will pay the rent on time and follow the terms of their lease.
There are some âcolor wordsâ that are historically racially charged and should never be used, as they are offensive. Trigger warning for offensive use of color: Native Americans should never be described as âredâ and Asians should not be described as âyellowâ under any circumstances.
When speaking, you should only include someoneâs color or race if it somehow provides valuable context to the story. For example, âshe said that as a Black woman, she was concerned about his comments about racism,â provides information to help you understand the womanâs perspective. âA Black woman came in and tripped on the rug,â is inappropriate. The fact that perhaps your rug isnât tacked down properly has nothing to do with race.
When it Comes to Fair Housing, Perception Counts
Letâs say that someone who is white but looks like a minority goes to look at an apartment. The landlord treats her differently than he does the other prospective tenants, who all appeared to be white, telling her that she may be more comfortable in a rental in a different part of town with a large Hispanic population. Even though this person is white, she can still sue on grounds of discrimination based on ethnicity.
When Meeting Potential Tenants
When meeting applicants, you must be aware of your words and behavior. If you are white, something that you donât perceive as racist at all may be seen much differently by someone who is of a different race.
For instance, you may be unaware that Black people, particularly women, have a history of being targeted for their hairstyles. Natural hairstyles have been called unprofessional because they donât align with Euro-centric ideas of what âprofessionalâ looks like. Black women may also face discrimination when they go to get their hair styled, paying more than white women for time in the salon chair. If you are white and you touch or comment on a white womanâs hair, you have (very unprofessionally!) invaded her personal space. If you do the same to a Black woman, not only have you acted unprofessionally, but you have also acted in a racist manner. Donât touch people (other than shaking hands, if you normally do so) and donât comment on their appearance in any way.
When someone gives you their name, all you should say in response is ânice to meet youâ (or provide yours, if they started the introduction). Do not comment on names you perceive as âuniqueâ or say something like âI always have trouble with ethnic names.â Donât try and correct spelling. This is rude, and, once again, racist. Black people are not making up âcrazy namesâ just because you donât understand the history behind Black naming (and no, your motherâs sisterâs friend who works in a hospital did not have a mother name her baby Orangejello).
The only exception is if you are meeting a small baby (not toddler). Then, by all means, feel free to tell the proud parent that you like the name theyâve chosen for their infant.
Finally, the words you use have weight. Do not throw random words of a language you donât speak into conversation in a ham-fisted attempt to be relatable. Words like âthug,â âghetto,â and in some cases âurbanâ are all considered racist dog whistles. You might think you donât mean anything when you use them, but others are going to hear something negative under those words. And perception can be much stronger than someoneâs intent.
How to Avoid a Lawsuit for Race-Based Discrimination
Itâs easy to avoid ending up in court for discrimination based on someoneâs race, ethnicity or color.
Donât be racist.
Donât mention race. Donât make comments about your race, or their race, or anyone elseâs race or ethnicity. Donât ask what country someone is from, or inquire where their parents are from. Donât comment on their appearance.
Show the apartment to everyone the same way and leave race, color and ethnicity with your hat and coat by the door.
